All notes for Subtopic 504.04000 – Timing of Action

DecisionDescriptionPERC Vol.PERC IndexDate
2712M City and County of San Francisco
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Temporal proximity or lack thereof is rarely the sole determinant of nexus. (p. 17.) more or view all topics or full text.
05/06/20
2635Ma * * * JUDICIAL APPEAL PENDING * * * City of Santa Monica
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Where management had no opportunity to choose between charging party employee and other promotional candidates until well after charging party began engaging in protected activity, the timing factor had less relevance. In that case, the Board did not find timing to be a particularly probative factor one way or the other. more or view all topics or full text.
01/22/20
2635Ma * * * JUDICIAL APPEAL PENDING * * * City of Santa Monica
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
One important circumstantial factor when assessing the presence or absence of an unlawful motive is the relative timing of a charging party’s protected activities and a respondent’s adverse action. (Adelanto Elementary School District (2019) PERB Decision No. 2630, p. 13.) PERB has repeatedly noted that adverse action taken shortly after an employee’s protected activities tends to suggest more strongly that the two are linked, and this inference weakens as the gap in time grows. (Ibid.) However, irrespective of whether the timing evidence is strong or weak, timing alone is typically not determinative (ibid), and when assessing the relative strength of timing as a factor, there is no “‘bright line’ rule for determining how close in time the protected activity must be to the retaliatory conduct.” (Regents of the University of California (UC Davis Medical Center) (2013) PERB Decision No. 2314-H, p. 12.) Thus, while a charging party typically needs more than just timing evidence to prevail, if the timing evidence is weak then a charging party will normally need to marshal a stronger array of other, non-timing evidence. PERB continues to reject any bright line finding that certain time lags are so remote that timing alone could defeat a retaliation claim, irrespective of the other evidence. more or view all topics or full text.
01/22/20
2630E Adelanto Elementary School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Employer’s initiation of its investigation into employee’s alleged misconduct the day after she filed a grievance, coupled with its issuance of a notice of unprofessional conduct 13 days after employee’s fourth level grievance meeting with the employer’s governing board, supported an inference that the notice was motivated by employee’s protected grievance activity. more or view all topics or full text.
4314703/01/19
2584E California Virtual Academies
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
In determining the strength of the inference resulting from the temporal proximity between the protected activity and the adverse action, the Board looks at the dates of all protected activity, not just the earliest. more or view all topics or full text.
435409/21/18
2450E Jurupa Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Eight months between protected activity and adverse action, where there was no escalation or culminating event closer to the time of the adverse action, does not suggest nexus. more or view all topics or full text.
404608/31/15
2453E Cabrillo Community College District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
To assist with assessing circumstantial evidence of unlawful motive, PERB has developed a set of “nexus” factors. Although the timing of the employer’s action in close temporal proximity to the employee’s protected activity is an important factor, it does not, without more, demonstrate the necessary nexus between the employer’s action and the protected activity. Along with suspicious timing, facts establishing one or more of the following factors must also be present for a prima facie case: (1) the employer’s disparate treatment of the employee (2) the employer’s departure from established procedures and standards when dealing with the employee; (3) the employer’s inconsistent or contradictory justifications for its actions; (4) the employer’s cursory investigation of the employee’s misconduct; (5) the employer’s failure to offer the employee justification at the time it took action or the offering of exaggerated, vague, or ambiguous reasons; (6) employer animosity towards union activists or employees engaged in protected conduct; or (7) any other facts that might demonstrate the employer’s unlawful motive. more or view all topics or full text.
405709/17/15
2407H Trustees of the California State University (San Marcos)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Where charging parties alleged that the employer deliberately prevented them from learning of overtime opportunities in a timely manner and assigned overtime opportunities only to favored employees, nexus cannot be established where the employer’s method of notifying employees of overtime opportunities was the same as it was before charging parties engaged in protected activity of filing grievances. more or view all topics or full text.
398601/13/15
2376E Rocklin Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
That the timing of the adverse action in relation to the protected activity coincides with a statutory timeline for layoff under the Education Code does not mean that timing cannot be considered in the determination of unlawful motive; if that were the case, anytime a statutory layoff procedure is used as the mechanism by which to carry out a retaliatory dismissal, PERB would be precluded from considering timing as evidence of unlawful motive. more or view all topics or full text.
39306/12/14
2314H Regents of the University of California (University of California Davis Medical Center)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
The premise of a retaliation case is that the employer has taken adverse action against an employee because of the employee’s exercise of protected rights; therefore, temporally, the protected activity must precede the adverse action; where the initial adverse action occurs prior to the protected activity, but the adverse action changes substantially after the protected activity, the protected activity will be found to have preceded the adverse action, thus establishing the correct temporal relationship for retaliation purposes. more or view all topics or full text.
03/21/13
2314H Regents of the University of California (University of California Davis Medical Center)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
The proximity in time between the protected activity and the adverse action goes to the strength of the inference of unlawful motive, but is not determinative by itself; there is no “bright line” rule for determining how close in time the protected activity must be to the adverse action in order to establish a strong inference of unlawful motive based on “close” temporal proximity; a seven month gap in time between the protected activity and the adverse action created a “minimally sufficient temporal proximity” sufficient to establish an inference of unlawful motive, albeit a weak one. more or view all topics or full text.
03/21/13
2278E San Bernardino City Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Charge alleging violation of EERA based upon failure to reclassify and pay teacher according to certificated salary schedule fails to establish prima facie case of discrimination, where alleged protected conduct took place at least four years after district took position that employee was not entitled to credit on salary schedule for years of experience as substitute. more or view all topics or full text.
07/11/12
2265E Oxnard Union High School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
PERB has held that where the adverse action precedes the exercise of protected rights, the necessary nexus between the adverse action and the protected activity is not shown; where the only instance of protected conduct of seeking the union’s assistance to file a grievance occurred after the alleged adverse action of reducing charging party’s hours, the reduction in hours does not demonstrate retaliation against charging party for her protected activity. more or view all topics or full text.
05/25/12
2221E Chula Vista Elementary School District * * * OVERRULED IN PART by Bellflower Unified School District (2017) PERB Order No. Ad-447
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Where denial of charging party’s reapplication to be a support provider in the Beginning Teacher Support and Assessment (BTSA) Induction Program occurred immediately upon charging party’s retirement and loss of union membership, the close proximity in timing between the end of charging party’s long history of protected union activism and the adverse action constituted circumstantial evidence of unlawful motive. more or view all topics or full text.
368811/23/11
2267M County of Santa Clara * * * OVERRULED IN PART by Los Angeles Unified School District (2016) PERB Decision No. 2479
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Close timing, without more, is insufficient to demonstrate a nexus between the adverse action and protected conduct. more or view all topics or full text.
05/25/12
2258M County of San Diego
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Because charge failed to allege when employee engaged in protected activities, PERB is unable to measure the temporal proximity between protected activity and decision to transfer employee. more or view all topics or full text.
3616904/26/12
2244E Los Angeles Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Although many of employee’s protected activities occurred years before the adverse action, her protected activity in seeking resolution of her grievances occurred only one month before adverse action, thus establishing timing. more or view all topics or full text.
3613302/29/12
2161M City of Alhambra
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing factor established when an employee was rejected on probation approximately eight hours after making complaints in a staff meeting. more or view all topics or full text.
353602/08/11
2129E Sacramento City Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing factor established when school district removed substitute teacher’s name from its active substitute list five weeks after several grievances were resolved in the teacher’s favor. more or view all topics or full text.
3413409/03/10
2126E Grossmont Union High School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Although employer rejected employee on probation shortly after he engaged in protected activities, timing of rejection did not support an inference of unlawful motive when the charge established that the employer had decided to reject the employee on probation before the protected activities occurred. more or view all topics or full text.
3412108/13/10
2123S State of California (Department of Personnel Administration)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Charge failed to establish nexus between union’s opposition to Governor’s reelection and initiative campaigns the issuance of an Executive Order directing furloughs more than two years later. Any connection between alleged protected activity and adverse action is simply too attenuated to establish nexus under the Novato standard. more or view all topics or full text.
3411707/28/10
2091E San Joaquin Delta Community College District * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Charge failed to establish temporal proximity between alleged initial protected activity and failure to consider employee for an open position, where alleged adverse action occurred prior to protected activity. more or view all topics or full text.
343801/29/10
2096E California Teachers Association, Solano Community College Chapter, CTA/NEA (Tsai)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
The proximity in time between protected activity and adverse action goes to the strength of the inference of unlawful motive, but is not determinative in itself. Charging party filed a grievance without union assistance, utilizing private counsel through the grievance procedure. The union's denial of the arbitration request was proximate to charging party's ongoing self representation. more or view all topics or full text.
344202/04/10
2090M County of Riverside * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Reassignment of employee less than two months after employee filed unfair practice charge and presented complaints concerning the workplace established timing element of nexus. Although protected activities began one year earlier, they continued until employer began taking adverse actions. more or view all topics or full text.
344512/31/09
2086E Garden Grove Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Lapse of two years between protected activity and alleged adverse action was insufficient to establish timing element of nexus. more or view all topics or full text.
342512/28/09
2070H Trustees of the California State University (San Marcos)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Five days between union steward’s complaint to management about employee’s work assignments and search of employee’s personal vehicle by employer’s security officer sufficient to establish timing factor. more or view all topics or full text.
3317310/15/09
2071M County of San Bernardino (County Library)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing factor not established when the alleged adverse action pre-dated employee’s protected activity. more or view all topics or full text.
3317610/20/09
2066M Metropolitan Water District of Southern California
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing factor not established when two adverse actions occurred before employee filed unfair practice charge and the third adverse action, which occurred after the charge was filed, was a direct result of employee’s resignation prior to filing the charge. more or view all topics or full text.
3316509/29/09
2057E San Francisco Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Charge alleging that principal sent disparaging email in retaliation for employee having engaged in protected activity by informing union of principal’s issuance of “Principal’s Expectations” memorandum and telling faculty union would protest memorandum failed to establish that protected activity occurred prior to email communications. Thus, timing element of nexus was not established. more or view all topics or full text.
3314508/28/09
2019E Escondido Union Elementary School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Temporal proximity between protected activity and disciplinary suspension of three and one-half months is sufficient to support inference of retaliation. more or view all topics or full text.
337404/30/09
2020M County of Yolo
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Involuntary reassignment less than one month after protected conduct established a sufficiently close temporal proximity between adverse action and protected conduct to support a finding of nexus. more or view all topics or full text.
337504/30/09
1996M Omnitrans
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing of dismissal of employee two days after participating in negotiations, without more, did not establish unlawful motive, where employer took action based upon employee’s failure to submit request for union business leave 24 hours in advance, as required by contract and parties’ past practices. Discipline of employee on the same day he participated in contract negotiations, coupled with disparate treatment and employer’s deviation from past practices concerning notice requirement for union leave, established unlawful motivation. more or view all topics or full text.
332612/19/08
2038H Trustees of the California State University * * * OVERRULED IN PART by Santa Clara Valley Water District (2013) PERB Decision No. 2349- M
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing factor not established when adverse action occurred before employee filed grievance and more than three years after employee’s other protected activity. more or view all topics or full text.
3310606/11/09
2039M Calaveras County Water District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing element present. The employer issued a negative evaluation within one to two months of employee's protected activity and the termination occurred within approximately three and one-half months of the protected activity. more or view all topics or full text.
3311006/19/09
1993E Baker Valley Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Employer’s solicitation of union president’s resignation in lieu of termination just as negotiations for new collective bargaining agreement were beginning supported an inference of unlawful motive. Timing of employer’s decision to nonrenew teacher who had served on union’s bargaining team and as its grievance chair supported an inference of unlawful motive. Decision to nonrenew was made just weeks after PERB certified impasse between union and employer and two months after teacher filed union’s first grievances during current superintendent’s tenure. more or view all topics or full text.
332312/19/08
1986E Rio School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing of adverse action, one week after employee engaged in protected activity, supports an inference of unlawful motive. more or view all topics or full text.
33811/21/08
1980E San Mateo County Community College District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing of employer’s action did not support an inference of unlawful motive when the adverse action of canceling the employee’s teaching assignment occurred before the employee’s protected activity of having a union representative inquire about the cancellation. more or view all topics or full text.
3215310/17/08
1971M City of Torrance
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Employer’s demand for reimbursement of release time and threat of discipline for unauthorized use of release time made to union president within two months after election of mayor against whom union had campaigned supports an inference of retaliation. more or view all topics or full text.
3212608/21/08
1920M Jurupa Community Services District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
An employee spoke with his supervisor about filing a grievance and the decision to terminate his employment was made less than two months later. Thus, timing is a factor in finding a nexus between the adverse action and the protected conduct. more or view all topics or full text.
3113608/10/07
1880E Oakland Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
The District acted with an unlawful motive when it issued a teacher a notice of non-reelection on the same day that the teacher delivered the minutes of a controversial committee meeting to his principal; this timing coupled with the District's inconsistent justifications for its decision sufficiently state a prima facie case of retaliation. more or view all topics or full text.
314501/11/07
1851H Regents of the University of California
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Argument could be made that counseling memos are not an adverse action where counseling memos are not considered discipline under the parties collective bargaining agreement. Even assuming the counseling memo was an adverse action, the charge failed to demonstrate nexus. more or view all topics or full text.
3015308/21/06
1743E Los Angeles County Office of Education
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Although close in time, the Board found no other evidence of nexus between the performance appraisals/reprimands and Cummings’ protected conduct. With regard to his placement on a performance improvement plan (PIP), the Board found the adverse action not to be sufficiently close in time to the protected activity. There were no other facts alleged to demonstrate a nexus between the protected activity and the PIP. more or view all topics or full text.
296001/26/05
1718E Madera Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing alone does not establish nexus between adverse action and protected conduct. Although transfer of teachers was a few months after charging party filed grievance, problem related to transfer existed long before that time. more or view all topics or full text.
292411/30/04
1714E Simi Valley Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Before October 2001, when the Association challenged the independent study program, the teacher and the principal had a good professional relationship; after that period, the principal visited the teacher’s classroom at least 40 times for 10 or more minutes from the adjoining classroom without explanation or greeting. The memo scheduling 26 classroom visits in a two-month period was written immediately after the teacher requested union representation for a proposed meeting with the principal. more or view all topics or full text.
291911/29/04
1707M Alameda County Medical Center
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
There was no showing of discipline because another employee who was habitually late was disciplined in the same manner as Flenoy. more or view all topics or full text.
291111/16/04
1707M Alameda County Medical Center
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Although Flenoy provided evidence of timing, the Board agent found that the County consistently reprimanded her for her tardiness before she engaged in protected activity.) more or view all topics or full text.
291111/16/04
1702E Berkeley Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Lavan did not state a prima facie case of discrimination since the alleged adverse action occurred before the protected activity. more or view all topics or full text.
29511/05/04
1674E Fresno County Office of Education
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
There was sufficient evidence of nexus through the timing of the transfers, the varying justifications given for the transfers, the suspect investigation and results of the “employee lounge incidents” reported by Nolt and Allison as witnesses, and management’s statements at staff assemblies denouncing union leadership. more or view all topics or full text.
2821908/19/04
1576E Peralta Community College District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Board finds that evidence of a written reprimand occurring before the protected activity occurs cannot be used as evidence of animus towards a charging party to show a nexus between protected activity and an adverse action in a discrimination charge. more or view all topics or full text.
284412/31/03
1529E Oakland Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Temporal proximity is shown when an employee sends two memoranda containing teacher complaints to the school principal and is placed on administrative leave four days later. more or view all topics or full text.
279106/20/03
I055M County of San Joaquin (Health Care Services)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Injunctive relief granted where Board found reasonable cause to believe that employer suspended employee because he was union’s primary organizer. Timing of employee’s suspension during election period coupled with employer’s vague and ambiguous justifications for suspension established the nexus required for a prima facie case. more or view all topics or full text.
253210909/05/01
1534E Colton Joint Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Charging party failed to establish nexus between protected activity and adverse action where alleged adverse action occurred prior in time to protected activity. more or view all topics or full text.
279406/23/03
1512E Oakland Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Without other evidence of discrimination, the fact that charging party acted as a union advocate two years prior to her termination fails to establish the required “nexus” necessary for a prima facie case. more or view all topics or full text.
274503/25/03
1489E Golden Plains Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
When the District issued her a notice of non-reelection less than one month after she complained to her union about the District’s handling of parent complaints against her. more or view all topics or full text.
263309807/08/02
1469E Los Angeles Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Teacher's return to campus following principal's aborted attempt to get rid of teacher closely followed by adverse action. Return to an unblemished evaluation after resignation of union site chapter chair supports nexus between protected activity and the receipt of improved evaluation. more or view all topics or full text.
263302311/29/01
1462E Peralta Community College District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Charging party failed to state a prima facie case of a discrimination violation based on employer's refusal to hire him into a new position because charge only contained allegation of a single indicator of unlawful motive [proximity in time]; a single factor does not, without more, demonstrate the necessary connection or "nexus" between the adverse action and the protected conduct. more or view all topics or full text.
263300009/20/01
1418E Peralta Community College District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Allegation that District failed to follow proper performance evaluation procedures without an indication that the alleged adverse action occurred close in time to any protected activities does not establish a prima facie violation of EERA. more or view all topics or full text.
253203702/26/01
1373S State of California (Department of Corrections)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
The charge fails to demonstrate the necessary "nexus" factors; although some evidence of timing can be inferred, it is extremely weak. The charge mentions no specific activities that occurred in close temporal proximity to recuperating overpayments. more or view all topics or full text.
243105802/28/00
1334E Madera County Office of Education
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing alone is insufficient to create an inference of a nexus between protected activity and negative personnel actions; p. 22, proposed dec. more or view all topics or full text.
233012606/25/99
1325E Los Angeles Community College District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Lapse of several years between protected activity and adverse action does not support a finding of nexus between activity and adverse action; p. 3, warning letter. more or view all topics or full text.
233009604/13/99
1299S State of California (Department of Industrial Relations)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Factors which may support an inference of unlawful motivation include the timing of the employer's adverse action in relation to the employee's protected conduct. In this case, employee's call to his union occurred only days before he received a performance deficiencies memorandum from his supervisor; p. 11. The temporal proximity of employee's protected conduct with the State's actions and the fact that the performance deficiencies memorandum and employee's second probationary report made specific reference to the employee's contact with the union representative supports the inference of unlawful motivation by the State; p. 11. more or view all topics or full text.
233001211/02/98
1300E Los Angeles Unified School District (Seliga)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Time lapse of five or six months between alleged portected activity and adverse action does not establish temporal proximity sufficient to support indicia of unlawful motivation; pp. 1-2, dismissal letter. Failure to allege facts from which Board agent could determine the timing of protected activity precluded finding of temporal proximity; p. 2, dismissal letter. more or view all topics or full text.
233001511/24/98
1298E Mountain Empire Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
District's decision to transfer employee within two months of settlement of major union lawsuit on which employee had a "major impact"; p. 33, proposed dec. more or view all topics or full text.
233001110/30/98
1263H Regents of the University of California (University Professional and Technical Employees)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Evidence that disciplinary letter and employee's suspension and medical separation were retaliatory included timing, disparate treatment, departure from standard procedures; and exaggerated justification; pp. 55-67. more or view all topics or full text.
222909004/28/98
1259E Fall River Joint Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Temporal proximity is found in case where involuntary transfer occurred at the end of a school year in which employee had filed six separate grievances and had been involved in numerous meetings in pursuit of those grievances; p. 19. more or view all topics or full text.
222908204/08/98
1255H Regents of the University of California (California Nurses Association)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Board finds that timing indicates unlawful motivation where letter of reprimand was issued just days after union raised issue previously pursued only by affected employee; p. 49, proposed dec. more or view all topics or full text.
222906603/20/98
1246E Oakdale Union Elementary School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Failure to complete a thorough investigation coupled with timing of letter of reprimand is sufficient to support an inference of unlawful motivation; p. 16. more or view all topics or full text.
222904701/28/98
1232E Chula Vista Elementary School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Although it is well established that representing members of an employee organization constitutes protected activity, simply holding a union office, like maintaining union membership prior to the adverse action, is insufficient to satisfy the timing element of the Novato test; p. 4. more or view all topics or full text.
222901211/19/97
1192E Los Angeles Unified School District (Summer)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Close timing of adverse action to protected conduct not enough to demonstrate nexus. more or view all topics or full text.
212807204/09/97
1178E Santa Clarita Community College District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Where charge alleged that protected activity took place after adverse action, Board found no unlawful motivation; p. 2, warning letter. more or view all topics or full text.
212801812/04/96
1164E Barstow Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing without additional direct or circumstantial evidence of nexus is insufficient to state a prima facie case; pp. 2-3; pp. 28-29, proposed dec. more or view all topics or full text.
202712508/07/96
1155S State of California (Department of Corrections)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
A time lapse of five years between employer adverse action and participation as a union steward does not lead to an inference of unlawful motive; p. 2, warning letter. more or view all topics or full text.
202710706/11/96
1091E Los Angeles Community College District (Mrvichin)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Although timing of the adverse action alone is not sufficient to justify an inference of unlawful motivation (Charter Oak Unified School District (1984) PERB Decision No. 404), it may, when coupled with other factors, constitute a basis for such conclusion; p. 12. more or view all topics or full text.
192606903/16/95
1087H Regents of the University of California (Costa)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Complaints over procedures for the use of time clocks over a two year time in which Department manager stated was an issue that was "a thorn in his side" and timing of the decision and implementation of the charging party's layoff demonstrated an inference of unlawful motive; pp. 10-11, proposed dec. more or view all topics or full text.
192606503/01/95
1052E Scotts Valley Union Elementary School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing plus shifting justifcations are sufficient to demonstrate nexus. more or view all topics or full text.
182511508/24/94
0957E Los Angeles Unified School District (Kaady)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing alone does not establish unlawful motivation Charter Oak Unified School District (1984) PERB Decision No. 404; p. 23, proposed dec. more or view all topics or full text.
172400011/18/92
0895E Sonoma County Junior College District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing of the District's adverse action is completely overlapping the union organizing effort, but by itself would not be sufficient to establish nexus; p. 21, proposed dec. more or view all topics or full text.
152213208/12/91
0885E San Diego Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing not demonstrated where timing of adverse action not linked to protected conduct - 4 months elapsed between them; p. 71. more or view all topics or full text.
152210306/14/91
0869H California State University, Hayward (Dees)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Pursuant to the Board's decision in North Sacramento School District (1982) PERB Decision No. 264, suspicious timing is evidence which suggest an unlawful motive; proposed decision; p. 23. more or view all topics or full text.
152205102/25/91
0864E Newark Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Pursuant to the Board's decision in Los Angeles Community College District (1989) PERB Decision No. 748, timing of adverse action in proximity to protected activity is not sufficient, standing alone, to support inference of unlawful motive; p. 14. more or view all topics or full text.
152202301/14/91
0858H Regents of the University of California (Smith)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
The timing of the employer's adverse action in close temporal proximity to the employee's protected conduct is an important factor, but it does not, without more, demonstrate a violation of the EERA; Charging party failed to establish a close temporal proximity between the alleged discriminatory conduct and the charging party's contract with the Ombudsman; Warning letter, p. 2. more or view all topics or full text.
152201112/17/90
0845H California State University, Fresno
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Proximity of time exists where rejection from probation occurred six days after employee testified at a PERB formal hearing; p. 12. more or view all topics or full text.
142119310/04/90
0805H Trustees of the California State University (Statewide University Police Association)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Proximity of time exists as protected activity and discipline occurred during the same time period; p. 24. more or view all topics or full text.
142109004/17/90
0788E El Dorado County Office of Education
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing of action failed to provide nexus where employee gave testimony at a hearing against the county in March of 1988, where the result of the hearing was not adverse to the county and where a request for a second consecutive year leave of absence was requested subsequent to giving the testimony and was initially responded to favorably by the county but then for business reasons was denied. No adverse action was taken until the Fall of 1988. more or view all topics or full text.
142104101/17/90
0748E Los Angeles Community College District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing alone does not raise an inference of unlawful motivation; p. 19 proposed dec. more or view all topics or full text.
132014506/28/89
0639E Riverside Unified School District (Petrich)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Protected activity, after decision to take adverse action, cannot be basis for inferring unlawful motive. more or view all topics or full text.
121900311/23/87
0640H Regents of the University of California
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing alone insufficient. more or view all topics or full text.
121900712/10/87
0628E Woodland Joint Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Adverse actions against union president close in time to difficult negotiations and complaints about working conditions. more or view all topics or full text.
111812106/30/87
0630E Kern County Office of Education
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Employment problems predated protected activity. more or view all topics or full text.
111813307/14/87
0622E Riverside Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing alone insufficient. more or view all topics or full text.
111810706/11/87
0559H California State University (San Francisco)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing alone too attenuated, no other evidence of nexus established. more or view all topics or full text.
101704301/03/86
0550E Los Angeles Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Assuming activity was protected, no nexus because alleged harassment began prior to protected activity and did not change in kind or intensity thereafter. more or view all topics or full text.
101702512/17/85
1953M Carmichael Recreation and Park District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Charging Party failed to prove that a park district discriminated against two employees because of their protected activity where the only factor raising an inference of unlawful animus is timing. more or view all topics or full text.
326904/17/08
1945E Journey Charter School * * * VACATED by Journey Charter School (2009) PERB Decision No. 1945a
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
The decision not to renew three teachers’ contracts followed closely after the teachers’ second meeting with an Association representative in which they voted to become part of the District’s faculty bargaining unit. However, timing alone, without more, does not demonstrate the necessary nexus between the protected act and the adverse action. more or view all topics or full text.
324502/28/08
1946E San Mateo County Office of Education
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Although the charging party established that his reprimand was issued close in time to his protected activity, he failed to plead sufficient facts to demonstrate other evidence of a nexus between his protected activity and the reprimand. more or view all topics or full text.
324802/29/08
0505E Santa Paula School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing of action critical to determination of discrimination where activity took place 3 days prior to transfer decision and employer offered no credible justification. more or view all topics or full text.
91612805/07/85
0500E Santa Clara Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing of second reassignment, shortly after employee prevailed on grievance over earlier reassignment, is evidence of unlawful motivation. more or view all topics or full text.
91611604/11/85
0401E Inglewood Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
No violation where there was no evidence that adverse personnel actions taken against employee were motivated by employees exercise of protected rights; there was no protected activity of sufficient moment to establish that they were a motivating factor of discriminatory termination; pp. 42, 46, proposed dec. more or view all topics or full text.
81515408/29/84
0403H Regents of the University of California (California State Employees Association)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Change in work schedule shortly after participation in Board proceedings supports inference of unlawful motive; pp. 7-8. more or view all topics or full text.
81516109/06/84
0404E Charter Oak Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Issuance of notice of intent to dismiss, close in time to filing of grievance is not sufficient, without more, to state prima face allegation of discrimination. Concidence in time is insufficient to prove unlawful motivation. more or view all topics or full text.
81516209/06/84
0377E Placer Hills Union High School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Imposition of requirement that derogatory documents must be acknowledged in writing did not occur at a time that would raise inference of unlawful motive; pp. 32-33. more or view all topics or full text.
81503702/14/84
0368E San Diego Community College District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
An inference of unlawful motivation is raised by evidence of board knowledge of protected activity, threatening statements of District administrator following speech, proximity in time, belated justification and disparate treatment; pp. 19, 21. more or view all topics or full text.
81500912/22/83
0328S State of California (Department of Parks and Recreation) * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Timing of reprimands suggest inference of unlawful motivation. more or view all topics or full text.
71421107/29/83
0299H Regents of the University of California (University of California San Diego)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Under Novato test, charging party demonstrated motive by the timing, respondent's documentation of his activites coupled with respondent's failure to show charging party or counsel him regarding the recorded incidents; p. 14. more or view all topics or full text.
71411803/30/83
0303E Poway Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Board found that under Novato, charging party's minimal protected activity prior to date the District reached a firm decision to terminate charging party was not a motivating factor in the decision to terminate him; p. 8. more or view all topics or full text.
71413304/14/83
0264E North Sacramento School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Where employee had never before been reprimanded, employer's repeated reprimand of him during the months immediately after he filed a grievance is evidence of employer's unlawful motivation; p. 9. more or view all topics or full text.
71401712/20/82
0227E Moreland Elementary School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Mere "coincidence in time" between protected activity and adverse action, without some proof of unlawful animus, does not support a finding of discrimination; pp. 13-14. more or view all topics or full text.
61317107/27/82
0221E Baldwin Park Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
District violated EERA section 3543.5(a) when it disciplined two employees because of union activities. Conversations between one discriminatee and other employees, which formed the basis for charges of misconduct against him, concerned the subject of the need for adherence to the contract between union and District - hence protected activity. Timing, harsh response of employer to protected activities, suspect investigation of wrongdoing of employees, shifting reasons for dismissal, etc., show unlawful motivation. District failed to show legitimate operational purpose to explain its actions. more or view all topics or full text.
61315806/30/82
0211H California State University, Sacramento
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Employee's request for union representation made two days prior to termination decision found insufficient to prove discrimination where ample evidence existed that termination was based on repeated incidents of employee misconduct; pp. 17-18. more or view all topics or full text.
61311504/30/82
0210E Novato Unified School District
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Proximity of time between employer's action to transfer employee and employee's vocal participation in grievance representation, along with the maintenance of a secret file on employee's union activitites and the disparity in employee's evaluations, sufficient to prove unlawful motive; pp. 20-21. more or view all topics or full text.
61311404/30/82
0918E Los Angeles Unified School District (Association of Public School Supervisory Employees)
504.4000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Timing of Action
Providing employee with Notice of Intent to Dismiss 23 days after a request by employee for a performance evaluation review is not sufficient to demonstrate nexus as timing alone is not sufficient for an inference of unlawful motive; pp. 3-4. more or view all topics or full text.
162301601/07/92